Legal Actions

If your patents, utility models, trademarks and designs are infringed or if you infringe the IP rights of other parties, criminal proceedings are not the first port of call. IP justice proceedings are primarily entrenched in civil law. This relates to the petitioner as well as the defendant.

Allegations of infringement should be defended against and IP rights infringements should be avoided.

An out-of-court enforcement of intellectual property should be the first option. Implementing and defending against injunctions given in summary court orders are possible ways of continuing the proceedings after sending a warning letter. In design and trademark law this is the most important legal remedy for immediate enforcement of a cease-and-desist claim. This, however, is a temporary measure.

It should be noted that the claiming of financial compensation as opposed to a cease-and-desist claim takes a considerable amount of time; compensation is only awarded in main proceedings and not in injuntion proceedings.

Last updated 7 February 2014